RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20040010192


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Robert Rogers                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected to
show he elected to participate in the Reserve Component Survivor Benefit
Plan (RCSBP) for spouse coverage.

2.  The applicant states that he was not married at the time he received
his 20-Year Letter and he did not have anyone to list to receive the
survivor benefits.  He was married in 2003 and wants his wife to receive
survivor benefits.  He was told that he could not add his wife because he
had waited too long and that he had 12 months from the date of his marriage
to add his wife.

3.  The applicant provides a copy of his marriage certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 9 November 1956.  After having had prior
service in the Army National Guard and the Regular Army, he enlisted in the
U.S. Army Reserve on 16 September 1992.

2.  The applicant's notification of eligibility for retired pay at age 60
(his 20-Year Letter) is dated 11 February 1999.  His DD Form 1883 (Survivor
Benefit Plan Election Certificate) is not available.  However, information
obtained from the Human Resources Command-St. Louis revealed he declined to
participate in the RCSBP and was not married at the time he received his 20-
Year Letter.

3.  The applicant was married on 9 December 2003.

4.  A Transaction History obtained from the Human Resources Command-St.
Louis shows the applicant contacted that office on 14 September 2004.  He
informed a representative that he had recently married and wanted to enroll
in the RCSBP.

5.  On 1 November 2004, the applicant completed a DD Form 2656-6 (Survivor
Benefit Plan (SBP) Election Change Certificate).  He indicated that he
currently had no coverage and elected coverage for spouse only based on
full gross retired pay.  The Transaction History indicates this form was
received by HRC-St. Louis on 27 January 2005.

6.  The applicant is currently serving in the U.S. Army Reserve in the rank
of sergeant first class.

7.  Public Law 92-425, the SBP, enacted 21 September 1972, provided that
military members could elect to have their retired pay reduced to provide
for an annuity after death to surviving dependents.

8.  Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way
for those who had qualified for reserve retirement but were not yet age 60
to provide an annuity for their survivors should they die before reaching
age 60. Three options are available:  (A) elect to decline enrollment and
choose at age 60 whether to start SBP participation; (B) elect that a
beneficiary receive an annuity if they die before age 60 but delay payment
of it until the date of the member’s 60th birthday; (C) elect that a
beneficiary receive an annuity immediately upon their death if before age
60.  If death does not occur before age 60, the RCSBP costs for options B
and C are deducted from the member's retirement pay.

9.  Title 10, U.S. Code, section 1448(a)(5) provides that a person who is
not married and has no dependent child upon becoming eligible to
participate in the SBP but who later marries or acquires a dependent child
may elect to participate in the SBP.  Such an election must be written,
signed by the person making the election, and received by the Secretary
concerned within one year after the date on which that person marries or
acquires that dependent child.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received his notification of eligibility for Reserve
retirement benefits on 11 February 1999.  It appears that he was not
married at that time and he declined to participate in the RCSBP.

2.  The applicant married in December 2003.

3.  The evidence of record shows he completed a request in November 2004 to
change his SBP coverage from no coverage to spouse only coverage, but it
was not received by HRC-St. Louis until January 2005.

4.  It appears that the applicant made a request to enroll his spouse in
the SBP within the one-year time limit.  Therefore, it would be equitable
to correct the applicant's records to show he enrolled in the SBP for
spouse only coverage in a timely manner.
BOARD VOTE:

JV______  RW______  RR______  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing that the applicant requested that his RCSBP coverage be changed to
spouse only coverage, full base amount, on 1 November 2004 and that his
request was received and processed in a timely manner.




                                  James Vick____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010192                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |137.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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